Miles, Leonard

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1708-08 & PD-1709-08

LEONARD MILES, III, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Keller, P.J., filed a dissenting opinion in which Hervey, J., joined.

Viewed from the correct perspective, this case is not as complicated as it might appear. A serious error occurred, but it was an error in the jury charge, not an insufficiency of the evidence. The indictment in the present case did not authorize a conviction for a Penalty Group 1 offense, so the sufficiency of the…